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Harassment of TGs Continues
Controversy Over New Law in Argentina
By Alejandra Sarda
Courtesy Aegis Online News
Buenos Aires
March 9, 1998
On Monday, March 9, the City's Legislature unanimously passed a new Code
that includes some of the human rights and LGTB's historical claims. According
to the new Code, police no longer will be able to arrest people for being drunk,
doing sex work, wear clothes "of the opposite sex", sleep in the streets or beg.
Only those who carry unauthorized weapons, start violent riots at sports' events
or sell liquor to clients who are under 18, can be arrested. For those found
guilty of contraventions, the judges in charge of dealing with the matters have several
alternatives: community work, economic penalties, bussiness closing, etc. but
never arrests.
At the last moment, city major Fernando de la Rua submitted a proposal including
penalties for sex workers and creating the figure of "being on the watch"
that would
allow the police to arrest anyone they find in a "suspicious attitude" -
qualifier being
assigned by the police officers, of course. The proposal was rejected by the
representatives.
The new Code created strong reactions in the media as well as among
politicians. The
nation's vicepresident, Carlos Ruckauf (whose homophobia has been known as
remarkable
for a long time), inmediately condemned the "licentiousness" supposedly
favoured by the
new Code. "Let homos do their thing at home", he stated. President Menem
adviced Mr.
de la Rua to veto the Code. The advice was rejected (let's remember Mr. de
la Rua
belongs to the oposition, as a member of the "Alianza") and instead an open
debate
was called by the Legislature in order to "impove" the Code (read, "stop the
licentiousness")
The media jumped in the opportunity to show respectable and horrified ladies
asking "how do I explain to my 4 years old what a transvestite is?", and
journalists that are very progressive in other issues are asking for a "red zone" to be created.
In that area,sex workers could work "freely", with periodical check-ups by doctors (for
sex workers, of course, nobody thinks the client might need any checking). At the same time,
everyone pays lip service to the sacred right of everyone to live as she/he wishes,
"provided you are not doing it at my house's door". Traditional Argentinean hypocrisy runs
very high these days.
Controversy finds the LGTB movement weak and scattered. With the noble exception
of a very few LGB activists that are doing their best with the minimal
resources at their disposal, our transgender sisters are struggling almost alone.
Unfortunately, most gays, lesbians and bisexuals feel this problem as a foreign affair,
something that only affects "those men dressed as women who are doing sex work". There is no massive
and public oposition to counteract the angry ladies and patronizing
journalists' voices.
The future looks very uncertain for the new Code. Behind greedy politicians and talk
show presenters hysterically shouting in defense of "family morality" and advising
transgender women to look for another job now that policemen will no longer
arrest them (in a country where 25% of the population - of conventional gender
identities-is unemployed or underemployed), police mafias raise their ugly heads. Those
mafias profit from marginalization and are staffed by the same criminals
that 20 years ago did the dirty job for the military. Unfortunately, LGTB movement's
weakness has left us in the hands of the political opposition. They might support the
Code just to differentiate themselves from the ruling party or for any other
spurious motive.
Very little can be expected from an Alianza that few months ago frustrated
two of its most decent members' attempt to repeal the Final Point and Due Obedience
laws that are keeping the dictatorship's murderers out of jail.
TV is on while I write this. Another talk-show, featuring the same ladies
and politicians as always. Sensible replies by transgender activist Nadia Echazu or sex
worker Elena are lost in a sea of screams, prejudices, hysteria and proffiting. Jesica, a
young transgender woman, says to the camera: "You all are making us dizzy, please stop
and let us think".
They are alone, transvestites and sex workers. Too many vested interests are
at play, too many LG "leaders" keep silent because they are decent people, in monogamous
relationships, and the issue does not affect them. Too many gays and
lesbians with stable jobs (for the time being), who pass as "normal" are not concerned
either. A man from the public says that transvestites and sex workers are like louses,
they have to be exterminated as soon as possible. Cheers from the audience. Horrified
protests from the presenter and two male politicians. Jesica looks downwards. She is used
to it. And she is alone.
--Alejandra Sarda
Avenida San Martin 2704, 4to. C (1416) Buenos Aires, Argentina
Phone (54 1) 581 01 79 - Fax (54 1) 382 90 95 - Email: ales@wamani.apc.org
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